Davis v. Ayres
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. This was an action of'assumpsit, at the suit of the defendant in error. The first count alledges, the employment of the plaintiff below, as the clerk of the defendant, at the stipulated price of fifty dollars per month, from the first day of July, to the first day of November, in the year 1844, the readiness of the plaintiff to perform the services, and the refusal of the defendant to allow him.
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Writ of Error to the Circuit Court of Mobile. This was an action of'assumpsit, at the suit of the defendant in error. The first count alledges, the employment of the plaintiff below, as the clerk of the defendant, at the stipulated price of fifty dollars per month, from the first day of July, to the first day of November, in the year 1844, the readiness of the plaintiff to perform the services, and the refusal of the defendant to allow him. In the second count, the employment of the plaintiff for the same period is alledged, and a promise to pay as much as the services were worth, which is…
1Opinion of the CourtCollier, C. J.
It is laid down in many of the books, that where there is an express agreement for particular services, for a definite time, and the plaintiff is discharged by the defendant before the time has elapsed, and is prevented from performing the services, he must declare on the special agreement. [Algeo v. Algeo, 10 Sergt. & R. Rep. 235; 9 Peters’ Rep. 541; see also, 3 Sergt. & R. Rep. 505; 11 Wheat. Rep. 237; 2 East’s Rep, 145; 9 Conn. Rep. 564; 5 East’s Rep. 316.] So it has been held, that where payment is to be made by bill, at so many months after date, and the defendant refuses to accept, the…
2Cases cited5 opinions
- Perkins v. HartSupreme Court of the United States · 1826
- Mardis' Adr's v. ShacklefordSupreme Court of Alabama · 1842
- Stannard v. WhittleseySupreme Court of Connecticut · 1833
- Whitney v. First Ecclesiastical Society in BrooklynSupreme Court of Connecticut · 1824
- Miller v. WardSupreme Court of Connecticut · 1818
3Cited by16 opinions
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- Culver v. HillSupreme Court of Alabama · 1880
- Fowler v. ArmourSupreme Court of Alabama · 1854
- Liddell v. ChidesterSupreme Court of Alabama · 1887
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